Brazoria West Solar Application
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O'HANL0N11 DEMERATH &CASTILLO ATTORNEYS AND COUNSELORS AT LAW 808WEST AVENUE AUSTIN, TEXAS 78701 TELEPHONE (512) 494-9949 FACSIMILE (512)494-9919 July 18, 2019 Local Government Assistance & Economic Analysis Texas Comptroller of Public Accounts P.O. Box 13528 Austin, Texas 78711-3528 RE: Application to the Columbia-Brazoria Independent School District from Brazoria West Solar Project, LLC To the Local Government Assistance & Economic Analysis Division: By copy of this letter transmitting the application for review to the Comptroller's Office, the Columbia-Brazoria Independent School District is notifying Brazoria West Solar Project, LLC of its intent to consider the application for appraised value limitation on qualified property should a positive certificate be issued by the Comptroller. The Applicant submitted the Application to the th th school district on June 25 , 2019. The Board voted to accept the application on June 25 , 2019. The th application has been determined complete as of July 18 , 2019. The Applicant has provided the schedules in both electronic format and paper copies. The electronic copy is identical to the hard copy that will be hand delivered. The Applicant has requested that a portion of Tab 11, specifically the detailed layout of the planned solar plant, be kept confidential until such time the Board votes to approve the application. In accordance with 34 TAC 9 .1053, the information that is the subject of this request is segregated from the materials submitted contemporaneously with this application, that is, the proprietary commercial information regarding the competitive siting decisions for the possible project and proprietary information regarding the proposed layout of the project. The confidential materials are being submitted separately to protect against unintended disclosure. The maps depicting the planned location of the project display proprietary commercial information regarding the specific location of the possible project and the nature of the business that will be conducted at the site. The materials are protected by the trade secret exception set forth in Texas Government Code §552.110. A copy of the application will be submitted to the Brazoria County Appraisal District. Sincerely, ~ Kevin O'Hanlon School District Consultant Cc: Brazoria County Appraisal District Brazoria West Solar Project, LLC POPP I HUTCHESON PLLC The Property Tax Firm June 25, 2019 Note: HAND DELIVERED Columbia-Brazoria Independent School District Attn: Steven Galloway, Superintendent 520 S. 16th Street West Columbia, TX 77486 Application for Appraised Value Limitation on Qualified Property (Form 50-296A) Dear Superintendent Galloway and Columbia-Brazoria ISO Board of Trustees: Enclosed please find a copy of the referenced application for Brazoria West Solar Project LLC along with a check for the associated application fee. If you have any questions, then please feel free to contact me at (512) 473-2661. Respectfully yours, Blas J. Ortiz Property Tax Incentives Manager Popp Hutcheson PLLC Enclosures 1301 S. Mopac, Suite 430 I Austin, TX 78746 I phone 512 473 2661 I fax 51 2 479 801 3 I www.property-tax.com Data Analysis and Texas Comptroller of Public Accounts Transparency Form 50-296-A TAB ATTACHMENT Pages 1 through 11 of Application 2 Proof of Payment of Application Fee 3 Documentation of Combined Group membership under Texas Tax Code 171.0001 (7), history of tax default, delinquencies and/or material litigation (if applicable) 4 Detailed description of the project 5 Documentation to assist in determining if limitation is a determining factor 6 Description of how project is located in more than one district, including list of percentage in each district and, if determined to be a single unified project, documentation from the Office of the Governor (if applicable) 7 Description of Qualified Investment 8 Description of Qualified Property 9 Description of Land 10 Description of all property not eligible to become qualified property (if applicable) 11 Maps that clearly show: a) Project vicinity b) Qualified investment including location of tangible personal propertry to be placed in service during the qualifying time period and buildings to be constructed during the qualifying time period c) Qualified property including location of new buildings or new improvements d) Existing property e) Land location within vicinity map f) Reinvestment or Enterprise Zone within vicinity map, showing the actual or proposed boundaries and size Note: Electronic maps should be high' resolution files . Include map legends/markers. 12 Request for Waiver of Job Creation Requirement and supporting information (if applicable) 13 Calculation of three possible wage requirements with TWC documentation 14 Schedules A1, A2, B, C and D completed and signed Economic Impact (if applicable) 15 Economic Impact Analysis, other payments made in the state or other economic information (if applicable) 16 Description of Reinvestment or Enterprise Zone, including: a) evidence that the area qualifies as a enterprise zone as defined by the Governor's Office b) legal description of reinvestment zone* c) order, resolution or ordinance establishing the reinvestment zone* d) guidelines and criteria for creating the zone* * To be submitted with application or before date of final application approval by school board 17 Signature and Certification page, signed and dated by Authorized School District Representative and Authorized Company Representative (applicant) For more information, visit our website: comptroller.texas.gov/economy/local/ch313/ Page9 50-296-A • 03-17/3 TABOl BRAZORIA WEST SOLAR PROJECT LLC CHAPTER 313 APPLICATION FOR APPRAISED VALUE LIMITATION ON QUALIFIED PROPERTY COLUMBIA-BRAZORIA INDEPENDENT SCHOOL DISTRICT COLUMBIA-BRAZORIA INDEPENDENT SCHOOL DISTRICT - BRAZORIA WEST SOLAR PROJECT LLC Data Analysis and Texas Comptroller of Public Accounts Transparency Form 50-296-A Application for Appraised Value Limitation on Qualified Property (Tax Code, Chapter 313, Subchapter B or C) INSTRUCTIONS: This application must be completed and filed with the school district. In order for an application to be processed, the governing body (school board) must elect to consider an application, but - by Comptroller rule - the school board may elect to consider the application only after the school district has received a completed application. Texas Tax Code, Section 313.025 requires that any completed application and any supplemental materials received by the school district must be forwarded within seven days to the Comptroller of Public Accounts. If the school board elects to consider the application, the school district must: • notify the Comptroller that the school board has elected to consider the application. This notice must include: the date on which the school district received the application; - the date the school district determined that the application was complete; - the date the school board decided to consider the application; and - a request that the Comptroller prepare an economic impact analysis of the application; • provide a copy of the notice to the appraisal district; • must complete the sections of the application reserved for the school district and provide information required in the Comptroller rules located at 34 Texas Administrative Code (TAC) Section 9.1054; and • forward the original hard copy of the completed application to the Comptroller in a three-ring binder with tabs, as indicated on page 9 of this application, separating each section of the documents, in addition to an electronic copy on CD. See 34 TAC Chapter 9, Subchapter F. The governing body may, at its discretion, allow the applicant to supplement or amend the application after the filing date, subject to the restrictions in 34 TAC Chapter 9, Subchapter F. When the Comptroller receives the notice and required information from the school district, the Comptroller will publish all submitted application materials on its website. The Comptroller is authorized to treat some application information as confidential and withhold it from publication on the Internet. To do so, however, the information must be segregated and comply with the other requirements set out in the Comptroller rules. For more information, see guidelines 1 on Comptroller's website. The Comptroller will independently determine whether the application has been completed according to the Comptroller's rules (34 TAC Chapter 9, Subchapter F). If the Comptroller finds the application is not complete, the Comptroller will request additional materials from the school district. Pursuant to 9.1053(a)(1)(C), requested information shall be provided within 20 days of the date of the request. When the Comptroller determines that the application is complete, it will send the school district a notice indicating so. The Comptroller will determine the eligibility of the project, issue a certificate for a limitation on appraised value to the school board regarding the application and prepare an economic impact evaluation by the 90th day after the Comptroller receives a complete application-as determined by the Comptroller. The school board must approve or disapprove the application not later than the 150th day after the application review start date (the date the application is finally determined to be complete), unless an extension is granted. The Comptroller and school district are authorized to request additional information from the applicant that is reasonably necessary to issue a certificate, complete the economic